Kerala High Court
Rci Industries & Technologies Ltd vs State Of Kerala on 19 April, 2022
Crl.MC No.2555/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 19th day of April 2022 / 29th Chaithra, 1944
CM.APPL.NO.1/2022 IN CRL.MC NO. 2555 OF 2022
CC 272/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE)ERNAKULAM
PETITIONERS/PETITIONERS:
1. RCI INDUSTRIES & TECHNOLOGIES LTD UNIT NO. 421, 4TH PEARL OMAXE,
NETAJI SUBHASH PLACE, PITAMPURA DELHI, REPRESENTED BY ITS MANAGING
DIRECTOR -MR. RAJEEV GUPTA, PIN - 110034
2. RAJEEV GUPTA, AGED 54 YEARS, S/O MR. R.C. GUPTA, MANAGING DIRECTOR,
RCI INDUSTRIES & TECHNOLOGIES LTD, UNIT NO. 421, 4TH PEARL OMAXE,
NETAJI SUBHASH PLACE, PITAMPURA DELHI, PIN - 110034
3. MAMTA GUPTA, AGED 54 YEARS, W/O MR. RAJEEV GUPTA, DIRECTOR RCI
INDUSTRIES & TECHNOLOGIES LTD, HAVING REGISTERED OFFICE AT UNIT NO.
421, 4TH PEARL OMAXE, NETAJI SUBHASH PLACE, PITAMPURA DELHI- , PIN -
110034
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2. SOUTH INDIAN BANK LTD DEPARTMENT OF TRADE FINANCE CENTRALIZED
PROCESSING CENTRE, 1ST FLOOR, SIB BUILDING, MARKET ROAD, ERNAKULAM,
KERELA, REPRESENTED BY ITS CHIEF MANAGER., PIN - 682035
Application praying that in the circumstances stated therein the
High Court be pleased to stay all further proceedings pursuant to Annexure
A1 complaint and all proceedings pursuant thereto, in CC.No.272/2019 on
the files of the Judicial First Class Magistrate Court-III, Ernakulam
pending disposal of the above Criminal Miscellaneous Case.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. NANDAGOPAL S.KURUP, ABHIRAM T.K.,
Advocates for the petitioners,and of PUBLIC PROSECUTOR for the 1st
respondent, the court passed the following:
p.t.o.
Crl.MC No.2555/2022 2/4
MOHAMMED NIAS C.P., J.
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Crl.M.C.Nos. 2555, 2561, 2563, 2565,
2569,2571, 2574, 2578, 2579, 2597
AND 2598 of 2022
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Dated this the 19th day of April, 2022
ORDER
Issue notice by speed post to the respondent Bank. Learned Public Prosecutor takes notice for the 1st respondent.
2. Heard the learned Senior Counsel, Sri. Sreekumar appearing on behalf of the petitioners.
3. Learned Senior Counsel submits that Annexure A1 complaint and all further proceedings are to be quashed for multiple reasons. He submits that the intimation of dishonour of the electronic fund transfer provided in Section 25 (1)(c) of the Payment and Settlement Systems Act, 2007 should come from the Bank concerned and in the instant case the pleading in Annexure A1 complaint shows that the cause of action for issue of the statutory notice was on the basis of an intimation issued by M1 Exchange. Thus it is submitted that the complaint is illegal as there is no notice in the eye of law going by Section 25 Crl.MC No.2555/2022 3/4 Crl.M.C.Nos.2555 , 2561 of 2022 and connected cases 2 (1)(c) of the Payment and Settlement Systems Act, 2007 .
4. He submits that cognizance could not have been taken, without conducting an enquiry under Section 202 of the Code of Criminal Procedure, as the petitioners are residing beyond the territorial limits of the court below.
5. There is also a further contention that only the Delhi court can entertain the complaint as there is an ouster of jurisdiction for the other courts in the agreement between the parties.
Since these contentions are to be considered in detail, I find that, there is a prima facie case made out for grant of interim order. Accordingly, there will be an interim order as prayed for, for a period of two months.
Sd/-
MOHAMMED NIAS C.P. JUDGE SSK/19/04 19-04-2022 /True Copy/ Assistant Registrar Crl.MC No.2555/2022 4/4 APPENDIX OF CRL.MC 2555/2022 Annexure A1 CERTIFIED COPY OF THE COMPLAINT IN CC. NO. 272/2019 ON THE FILES OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT- III, ERNAKULAM